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DRAFT 37 legislature to government to zone and what the legislature said about farms is that you have, you 1 do not have the power to impose your zoning on the, unless the use is for a non-farm purpose and 2 that’s what the deal is here. The building code statute stands separately. The opinions that are 3 attached to the building code information are… is an opinion that involve an actually functioning 4 barn that was then being used for weddings. There was a farm there first. I think factually it’s very 5 different. There’s an AG opinion there as well, which does not have the force of law, which again 6 interprets the building code statute and nothing else. I’m not sure why Mr. Harvey provided us an 7 advisory opinion there because, again, I don’t think that that information it’s A: not appealable and 8 B: wasn’t before you and C: doesn’t really get to the ultimate question that you have. I suppose it’s 9 designed to say, look you know in some other context the rules may may not be what they are. I 10 don’t have an appeal before you about the building permit. My appeal is about the zoning piece of 11 it. And I want you to make your decision based on the zoning power and what those exceptions 12 mean. So in conclusion, I think you’re hearing from me today what you heard from me before. 13 Three-part test, and we failed two parts. First test is, can it be considered a farm? Yes. Second test 14 is, is this a farm use or a non-farm use? And the third test is; is what’s going on in this wedding and 15 event center incidental? What I am asking you to do as a Board is to take the information that you 16 found in your order as facts and to go look at that information, use that information to make your 17 determinations that while this may have a farm number and it may be a bona fide farm for the 18 purpose of determining whether the statutory exemption could apply, that the statutory exemption 19 does not apply in this case to any use of that structure that is wedding and event center use. And 20 that in order to have a wedding and event center there this applicant was required to have a Class 21 B SUP, which she does not have, for which she did not appeal, and that accordingly Mr. Harvey 22 has erred and that this property may not be used as a wedding and event venue. If somebody 23 wants to use this barn to store tobacco. We’re not talking about that. I’m not talking about the 24 building code piece. I’m not talking about whether she need a building permit to have a barn. I’m 25 talking about whether you can use this barn in a way that is contrary to your ordinance and in a 26 way that is not incidental to any kind of farming purpose. And so I would ask you to both reverse 27 Michael’s decision and to substitute your own tonight so that it doesn’t bounce back and forth 28 anymore, and that the decision that you make be that it is neither incidental nor is it a farm use. 29 And I thank you very much for your time and attention. I know you are exhausted from hearing 30 about this barn and we appreciate your attention tonight, thank you. 31 32 Karen Barrows: Thank you LeAnn. Andy? 33 34 James Bryan: Madame chair? Madame chair, if I may? Can I ask for a small recess? 35 36 Karen Barrows: We can, and I wanted to just say Andy, I think we’re going to have to close the 37 public hearing around 10 because we’re going to adjourn probably at 10:30 as we’re allowed to so, 38 will that give you enough time? 39 40 Andy Petesch: I certainly will do my best. 41 42 Karen Barrows: Ok. Ok. We’ll have a break for ten minutes. 43 44 RECESS 45 46